(Southern Nigeria) The right to use servient land for the purpose of storage was claimed. It was argued that such a right could not exist as an easement.
Held: Lord Shaw of Dunfermline said: ‘there is nothing in the purposes for which the easement is claimed inconsistent in principle with a right of easement as such.’
Judges:
Lord Shaw of Dunfermline
Citations:
[1915] AC 599, [1915] UKPC 7
Links:
Jurisdiction:
Commonwealth
Cited by:
Cited – Moncrieff and Another v Jamieson and others HL 17-Oct-2007
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 12 July 2022; Ref: scu.260030